Category: EMPLOYMENT
Truck Drivers, Couriers, and Delivery Service Workers Beware! You May Be Misclassified.
Employee misclassification has become a huge problem in the United States. Employers who want to increase profits by not paying withholding and other taxes and escaping liability for workers’ compensation and unemployment claims will often claim that their workers are ‘independent contractors’ or ‘consultants’ (ICs), even though these people perform jobs that go to the …
5 Things to Do After Getting Fired
You’ve just been fired, or you suspect you’re about to be fired. And you think that your termination may be for an illegal reason (e.g., discrimination, retaliation, blowing the whistle). Now what? 1. Do Not Quit / Do Not Sign Anything. Most workers who suspect termination is imminent often believe it is better to quit …
20 Common Ways Employers Violate Employee Rights
Although Minnesota is an “employment at-will” state—meaning the employer may terminate an employee at any time for any reason—there are, in fact, exceptions to the rule. Since 1967 the Minnesota Human Rights Act has served as the State’s comprehensive employment rights law and provides a wide range of protections for employees. Yet even with the …
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Know Your Rights: Sexual harassment claims are not limited to interactions that take place at the office
Sexual harassment or sexual assault can be actionable if it occurs on business travel or at work-related events. In fact, over half of the sexual assault cases we have handled involved assaults that occurred outside of the office and outside of work hours. If the harassment or assault can be shown to be related to …
What Are My Rights as an Older Employee Who Has Recently Been Laid Off From My Job?
We hear all too often from clients… “I just got laid off, and my employer wants me to sign a severance agreement. They gave me a big chart with a list of people’s positions and ages on it. I’m confused, and I’m not sure what to do next.” If you are an older worker (defined …
Are Unpaid Internships Legal?
Many Minnesota high school and college students have taken unpaid internships in hopes of gaining experience that will make them eligible for a paid job. Internships are often given for college credit or a stipend, but sometimes companies simply offer the thrill of the opportunity as compensation. This practice has recently come under scrutiny, as …
Are You at Risk for Sexual Harassment or Sexual Assault at Your Job?
The #MeToo movement has shined light on sexual harassment and sexual assault in the workplace and work-related events. However, there is still a value in increasing knowledge, training, and education when it comes to sexual harassment and sexual assault in the workplace. In light of this, it’s vital that employees take the time to understand …
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Is It Legal Record a Conversation with My Employer?
As an employment law attorney, I am often asked, “Can I record a conversation with my employer without saying that I am recording it?” The answer depends on whether the state you are recording in requires a one-party or two-party consent and whether your employer has a company policy that prohibits employees from recording conversations.
COMPLAINTS ABOUT WORKPLACE DISCRIMINATION MUST BE TIMELY
In a recent case in the Minneapolis school district, an employee was let go from her position. The employee complained to the school system’s equal opportunity division regarding what happened, and she alleged that workplace discrimination, harassment, and a number of financial improprieties were going on within the school system that led to her firing. The …
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Good News for Minnesota Employees with Disabilities: Recent Minnesota Supreme Court Decision Requires “Thorough Communication” about Accommodations
A new case decided by the Minnesota Supreme Court provides additional support to employees with disabilities—it clarifies that employers cannot terminate disabled employees who request an accommodation without a “thorough communication” and “documented good faith efforts” to see if the accommodation would actually pose an undue hardship. Under the Minnesota Human Rights Act, employers are …